Section 46.28

Where a claimant has complied with rule 46.25(1), and subject to rule 46.25(2) and (3), rule 46.26 applies unless— the defendant has in the acknowledgment of service— denied that the claim is an Aarhus Convention claim; and set out the defendant’s grounds for such denial; and the court has determined that the claim is not an Aarhus Convention claim. Where the defendant denies that the claim is an Aarhus Convention claim, the court must determine that issue at the earliest opportunity. In any proceedings to determine whether the claim is an Aarhus Convention claim— if the court holds that the claim is not an Aarhus Convention claim, it shall, except for good reason, make no order for costs in relation to those proceedings; if the court holds that the claim is an Aarhus Convention claim, it shall, except for good reason, order the defendant to pay the claimant’s costs of those proceedings to be assessed on the standard basis, and that order may be enforced even if this would increase the costs payable by the defendant beyond the amount stated in rule 46.26(3) or any variation of that amount.

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Source: legislation.gov.uk · retrieved 2026-08-15